In the United States, federal and state laws protect workers from many forms of discrimination—including discrimination based on immigration status. Unfortunately, many immigrant workers, especially those in vulnerable or low-wage jobs, experience unfair treatment, threats, or harassment at work simply because of their legal status or nationality. Here’s what you need to know about your rights.
Is Immigration Status Protected by Law?
Yes—while immigration status is not always directly listed as a protected category under federal law, other protections often apply. Under the Immigration and Nationality Act (INA), employers cannot discriminate in hiring, firing, or recruitment based on citizenship or immigration status as long as the worker is legally authorized to work in the U.S.
Additionally, under Title VII of the Civil Rights Act, workers are protected from discrimination based on national origin. That means employers cannot treat employees unfairly just because they are from another country, speak with an accent, or have a foreign-sounding name. Many cases of immigration-related discrimination also fall under this law.
What Does Immigration-Based Discrimination Look Like?
Discrimination can take many forms, such as:
- Refusing to hire or promote someone because of their immigration status
- Harassing or threatening workers because they are immigrants
- Asking only certain employees for additional work authorization documents
- Treating employees differently because of how they speak or where they were born
If this sounds familiar, you may have a legal case.
What Can You Do?
If you believe you’re being discriminated against due to your immigration status, you still have rights—regardless of your current legal situation. It’s important to document what’s happening and speak to an employment attorney who understands these laws.
At the Law Offices of Tatiana Hernandez, we help immigrant workers stand up for their rights and get the justice they really deserve. We understand the fear many workers feel, but we’re here to protect you.
Have questions about your rights at work? Contact our team for a confidential consultation.
